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Grant of Easement Storm Drainage 1988-593184 '- .:-:f: ,r--:..- --I. . e: 818 59'3'18 '4 : ,,: "', ii: "'~ "": ' ir \~, 1:~ -~:::(~, - 0603"2 'r:fi_. ..,. RECORDEO hi ~.,,- - OfTiCfAl'RF"COROS .0.F, ,~!,~.I:r!t~f":,,~-,"''i''-'~l.'TY '~A"! '.. ...........:__....._""'........jvn.. .... .{ IfECORDINGREOUESTED BY fJCORTlfl:tili~2[:rr;~i:!C~ r.,,;iciiWJY Or-ClIlIFORNIA RECORDJ)'1GREQUESTED BY: ., ~ CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) 88NOV-1i'7 PH:3:i4Q I VERA LLYLE,;_ I [COUNTY RECOROIf!LJ AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No FEE This space for Recorder's use, TiUeOrder No. he., 2.3 (,,::3 - Z4i Tax 'Parcel No. NO DOCUMENTARY TRANSFER TAX .GRANT OF EASEMENT STORM DRAINAGE EASEMENT .stl!llg.f1J:~ Pacific, L.P., a Delaware Limited partnership (hereinafter "G"RANT.OR''') her"eby grants to' CITY OF POWAY. (hereinafter "G~TgEn),- its ~uCC;:_ElSso]:s, o"r ~assigns., :the following describedeaseme,n:t "for a IC19J:l..t .9Lw~y ;6IJ59_ feet 'in wld:tp. '0 in , Upon,- 'ove!?', ..under an:dacto"sso-- ~ the ,1ands.descr-i'bed 'below ,to' erec-C: cons'lruct , reconstruct, ,replace,repair , maintain, ;and use a pipeline or, pipelinesfo!:, any Cipd acll .purposes, toget.her w.ith StIch fi.xJures and appurtenances, includfng, but not limited to ,facilittes.- for power transmission and communication putpo,ses, at such lOCCitions ahd' elevations, up6n, along, over and uhderthe right of way desctibed below a GRANTEE may how or hereafter determine in its s'olediscretion withbut any additiohal compehsatiohtherefor, together with the right of ingress aml egressfro]l tl1,eea,,<?menj: 9Y a! pr:8:ctic~1To:ute or routes iI.l,,~upon, 'over" or Cicross the land describ?dbelow, together with the right to use this eas,~ment for access,fo .GRANTEE's rights of way sU,uated in adj'acentlands, ,without any additional compensation therefo.t,. ="'-~ The .land encompassing, this easement is si,tuated in the CbuIltyof ,San Diego, State of California, and is more particularly oescribed ~~ follows, to wit: ' ~ ~. r\'" -1'..,')..... 11""l1l1!'}.tilll:t lh~i'~~Ji;t~"_J .'~ .-".. "-r'''' .'lC.~i""~\-:\ 'i,'i\~ \".IHH~~ -l;V .\.1,.~\; b~ \, _' .~.~ _.t- '. . rll'f~r:-ot' 2'47, 'of" c::ftY of poway Tract 'No; 41'91-3BR in the City of Poway, County 'of San Diego, State of California, according to Map No. 12082 recorded 'in the office of the County Recorder of San Die-go County on May 27, 1988. ::"\, .-' -' ~-' '"-""... . 0633 . fja~id easement: o"f right of way in the aforesaid ,lands isparticu- larly described as follows: That portion of Lot 247 of City of poway Tract No. 41: 9.1- 3BR per Map No. 12082, recorded in the office of the County Recorder of the County of San Diego on May 27, 1988, being more; par- ticularly described as follows: Beginning at the Northeasterly corner of said Lot 247 of said City of Po way Tract No. 4191-3BR, theIlce South 17046'10" west, 6.68 feet, thence North 85035'43" West, 495.54 feet, thence North 4024'17" East, 6.50 feet thence South 85035'43" East, 497.08 feet cHong the Northerly line of said Lot 247 to the Point of Beginning. GRANTOR, its heirs, successors, and assigns, shall .not erect or construct or permit 'to be erected or constructed ,any building, structure or improvement on, over or under any portion of the ease- ment, nor shall GRANTOR, its hei,rs" successors, or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion Qf the easement. GRANTEE may, in its sole discretion, erect, maintain, or use gates in. all fences .which now cross or' later cross any portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time _to time 'as GRANTEE deteImines in its sole discretion without any additional compensation. GRANTEE shall be entitled to partition, assign, joint venture, or share all or any' port,ion of this easement with any other public .agency or utility including, but not limited to, any agency stipplying'water or sewer services or facilities to the public as GRANTEE may determine ih its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, therefor. GRANTOR agrees that no other easement or easements shall be granted on, under, or over this easement without obtaining the prior written consent of GRANTEE. GRANTEE may at' any time increase ;i:ts use of the easement, change the location of pipelines or other facilities to the public as GRANTEE may determine in its sole discretio~ from time to time without paying any additional compensation to. GRANTOR or 'GRANTOR's heirs, success.ors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, successors, or assigns, shall not increase or decrease ,or permit to be increased or decreased the exist'ing ground elevations of the above-de'scribed 'easement wl1ich exists at the time this document is executed without obtaining the prior written consent of the GRANTEE. ,._W -. . .-.. f,. n '. . -. . , r '. ~ . 0634 . In the event o;f any dispute involving this Agreement, whether or not litigation. is commenced, or if any a~bitratioh proceed'ing, adinini::>.trative proceeding 0.1' lit-igatien in law 0.1' in ,equity, ihcludfng an actien for declaratery relie-f, is breught to enferce 0.1' interpret the previsiens 0.1' perfermance ef this easement, the prevaiYing party shall ~e entitled to. an award ef all atterney's fees and the cests ef the preceeding, which shall be determined by the court 0.1' the presiding efficer having authority to. make this determinatien. GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accerdance with its terms. IN WITNESS WHEREOF, the GRANTOR has executed this Easement this Z7 7JI- day ef CJc--ro/.1e~ ,19 88 . Standard P~cific, L,P" a Delaware limited partnership By: Stanpac Cerp, , a Delaware Corporation, its Managing Gener,al Partner ". horized Rep. This is to ~ertify that the interest in real 1>>'01)01ty ronveyed bytlltd8edcj~-grantdetl'.dM';;>1Imtro~ sf~ , ;Jf/.<t.;r',~,) I.'.P. . ' . totheCity of Poway, aPolitiCal corllOratJon and/or, governmental agency Is hereby a~cepted by the undeBigned officer OT agent on b&- half of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20. 1981 and the gI8lItee consents to recGtdation thereof by its duly'aulhorized officer. lilted: 1(- It. - g 't K;/vtUqfL ~ .. .. .--.---- -- .f' -STATE OF CALIF-ORN'fA ! 55, COUNTY OF SAN-DIEGO ,... 0'635 ~ a. et-1vW '6 SAID STATEJ PERSONALLY APPEARED PERSONALLY KNOWN TO ME DR PROVED TO ME ON. THE BASIS OF SATISFACTORY EVI WHO EXECUTED THE WITHIN INSTRUMENT AS THE AUTHORIZED REPRESENTATIYE(S) OF DElAW~RE CORPORATION THAT EXECUTED THE W.ITHIN INSTRUMENT ON BEHALF OF STANDARD PAcIFIC, l,P" A DELAWARE LIMITED PARTNERSHI~! ,HE PARTNER- SHIP THAT EXECUTED THE WITHIN INSTRUMENTJ AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME AS MANAGING GENERAL PARTNER OF SUCH PARTNERSHIP AND THAT SUCH PARTNERSHIP EXECUTED THE SAME. I~J:.ORE MEJ THE UNDE~SIGNED, A NOTARY PUBLIC IN AND Fl?R m. O-V\ ~ SCL)( WITNESS MY HAND AND OFFICIAL SEAL, OFFICIAL SEAL DOROTHY l. SENSKE Notary Public-O:Jlfomla SAN D!EGO COUNTY "\ ~. ~dMe NOTARY PUBLIC 7 My Comm. Exp, Sap. 30, 1992